The purpose of this policy is to assure compliance with Act
3 of 2008, the Pennsylvania Right-to-Know Law, 65 P.S. § 67.101
et seq., as amended; to provide access to public records of Girard
Borough; to preserve the integrity of Girard Borough's records;
and to minimize the financial impact to the residents of the Borough
regarding the resources utilized in the receipt and processing of
public record requests and the retrieval and copying of public records.

It is the policy of the Borough to require the presence of a
designated employee when public records are examined and inspected
and to charge reasonable fees for duplication of public records of
the Borough. Girard Borough designates the Borough Manager as the
Open Records Officer, responsible for assuring compliance with the
Pennsylvania Right-to-Know Law, in accordance with the following guidelines:

The Borough Manager is responsible for minimizing, where possible,
the financial impact to the Borough regarding the resources utilized
in the receipt and processing of public record requests and the retrieval
and copying of public records.

All requests for public records of the Borough under this policy
shall be specific in identifying and describing each public record
requested. In no case shall the Borough be required to create a public
record which does not exist or to compile, maintain, format or organize
a public record in a manner in which the Borough does not currently
compile, maintain, format or organize the public record. All requests
for public records shall be submitted in writing and include the date
of the request; requestor's name, address, and telephone number;
certification of United States residency; signature of requestor;
and, if duplication is requested, appropriate payment.

The Borough shall facilitate a reasonable response to a request for
Girard Borough's public records. In no case is the Borough expected
to provide extraordinary staff to respond to the request, but will
respond in a manner consistent with the Borough's administrative
responsibilities and consistent with the requirements of the Pennsylvania
Right-to-Know Law.

The Open Records Officer shall respond to the requester within five
business days from the date of receipt of the written request. If
the Borough does not respond within five business days of receipt
thereof, the request is deemed denied, subject to Subsection K hereafter
in the event of a review.

If access to the public record requested is approved, the public
record shall be available for access during the regular business hours
of the Borough. The Open Records Officer shall cooperate fully with
the requester, while also taking reasonable measures to protect Borough
public records from the possibility of theft and/or modification.
The presence of a designated office staff employee is required when
public records are examined and inspected.

In the event the estimated cost of fulfilling a request submitted
under this policy is expected to exceed $100, the Open Records Officer
shall obtain from the requester the expected cost in advance of fulfilling
the request to avoid unwarranted expense of Borough resources.

If the request is being reviewed, the notice provided by the Borough
shall be in writing and include the reason for the review and the
expected response date, which shall be within 30 days of the notice
of review. If the Borough does not respond within 30 days thereof,
the request is deemed denied. Review of the request is limited to
situations where:

The record requested contains information which is subject to
access, as well as information which is not subject to access that
must be redacted prior to a grant of access. The redacted information
is considered a denial as to that information;

Upon a determination that one of the factors listed above applies,
the Borough shall send written notice to the requester within five
business days of receipt of the request for access. The notice shall
include a statement notifying the requester that the request for access
is being reviewed, the reason for the review, a reasonable date that
a response is expected to be provided and an estimate of applicable
fees owed when the record becomes available. If the date that a response
is expected to be provided is in excess of 30 days, following the
five business days allowed for, the request for access shall be deemed
denied unless the requester has agreed in writing to an extension
to the date specified in the notice. If the requester agrees to the
extension, the request shall be deemed denied on the day following
the date specified in the notice if the agency has not provided a
response by that date.

If access to the record requested is denied, the notice provided
by the Borough shall be in writing as indicated on the form attached
hereto entitled "Denial of Request to Review and/or Duplicate Girard
Borough Records."[1]

If the request is denied or deemed denied, the requester may file
an appeal with the Commonwealth Office of Open Records within 15 business
days of the mailing date of the Borough's notice of denial, or
within 15 days of a deemed denial. The appeal shall state the grounds
upon which the requester asserts that the record is a public record
and shall address any grounds stated by the agency for delaying or
denying the request.

Within 30 days of the mailing date of the final determination of
the appeals officer, the requester or Borough may file a petition
for review or other document as required by rule of court with the
Court of Common Pleas for Erie County. The decision of the Court shall
contain findings of fact and conclusions of law based upon the evidence
as a whole. The decision shall clearly and concisely explain the rationale
for the decision. A petition for review under this section shall stay
the release of documents until a decision is issued.